The Town Board hereby finds and declares that the
use of broad-tipped indelible markers, aerosol spray paint cans or
other marking devices used in connection with the writing of graffiti
on walls, public and private buildings, monuments, statues and other
structures has become a major problem in the Town of Babylon and is
harmful to the general public and violative of the public health,
peace, safety and welfare of the residents of the Town of Babylon.
The Board also finds graffiti indicating bias and/or hatred against
people based upon their race, religion, color, disability, sexual
orientation, national origin or ancestry to be particularly repugnant,
having a divisive effect on the community, which is extremely harmful
to the general public.

The Town Board further finds, based upon past experience,
that such defacement of property is most often committed by persons
under 18 years of age using aerosol spray paint cans and broad-tipped
indelible markers; that such persons rarely have a legitimate need
for such aerosol cans or markers; that, where such a need exists,
such aerosol cans or markers may be furnished by a parent or guardian;
and, therefore, that within the Town the sale of aerosol spray paint
cans and broad-tipped indelible markers should be prohibited and persons
engaged in the retail sale of such aerosol cans and markers should
be required to take reasonable steps to prevent the theft of such
cans and markers.

No person shall write, paint or draw any word, inscription,
design, figure or mark of any type or otherwise mar or deface any
property, real or personal, without the express written permission
and consent of the owner or proprietor thereof or, in the case of
public property, of the person having the charge, custody or control
any graffiti upon:

Any property, public or private, building, church,
synagogue, statue, monument, office, passenger or commercial vehicle,
public passenger vehicle, bridge, mass transit equipment or facility,
dwelling or structure of any kind, including those in the course of
erection or construction.

No person shall disfigure, cut, cover or rub with or otherwise place filth or excrement of any kind on any property stated in Subsection A(1) or (2) without the express written permission and consent of the owner or proprietor thereof or, in the case of public property, of the person having the charge, custody or control thereof.

Any person selling or offering for sale aerosol spray
paint cans shall only display and/or offer for sale aerosol spray
paint cans in a secure enclosed display or behind a sales counter
which is not accessible to the public.

Any person selling or offering for sale aerosol spray
paint cans or broad-tipped indelible markers shall post in a conspicuous
place a sign which clearly states: "It is unlawful to sell aerosol
spray paint cans or broad-tipped indelible markers to any person under
the age of 18 years."

Any person who shall violate the provisions of § 136-4 of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable by a fine not exceeding $250 for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not exceeding $500; and for conviction of a third offense, all of which were committed within a period of five years, punishable by a fine not exceeding $750.

Any person who shall violate § 136-3 of this chapter shall be guilty of a Class A misdemeanor, punishable by a fine of not more than $1,000 or imprisonment for not more than one year, or both. The court may, in its discretion, suspend the fine if, with the consent of the property owner, the offender agrees to and does, in fact, restore the property to the condition it was in prior to its destruction, damage or defacement or agrees to and does, in fact, provide restitution for the restoration of the property to the condition it was in prior to its destruction, damage or defacement, whichever the court determines is appropriate under the circumstances. In making this determination, the court shall also consider recommendations made by the victim.

Intentionally selects the person or group of
persons whose property is defaced without the express written consent
of the owner or proprietor thereof or selects the property which is
damaged or otherwise affected by the act because of the race, color,
religion, disability, sexual orientation, national origin or ancestry
of that person or group of persons or the owner or occupant of that
property and defaces said property with graffiti indicating bias or
hatred of the persons selected due to the victim's race, color, religion,
disability, sexual orientation, national origin or ancestry.

If a violation as described in Subsection C(1) above is proven, the offender shall be guilty of a Class A misdemeanor, punishable by a fine of not more than $1,500 or imprisonment for not more than one year, or both. The court may, in its discretion, with the consent of the property owner, require the offender to restore the property to the condition it was in prior to its destruction, damage or defacement or require restitution for the restoration of the property to the condition it was in prior to its destruction, damage or defacement, whichever the court determines is appropriate under the circumstances. In making this determination, the court shall also consider recommendations made by the victim.

Under the authority of § 91 of the
General Municipal Law of the State of New York, any person who shall
provide information which leads to the detection, arrest and conviction
of any other person of a violation of this chapter shall be entitled
to a reward equal to one-half (1/2) of any fine imposed by the court,
but in no event greater than $1,000.

The parent or legal guardian, other than the state
or local social services department or foster parent, of any minor
over the age of 10 and under 18 who violates any provision of this
chapter shall be held liable for any damages and/or clean-up costs
that result from a violation of the provisions of this chapter.

If anyone sells a broad-tipped marker and/or aerosol
spray paint can to a minor or anyone he knew or should have known
would use it for an illegal purpose, he shall be held liable for any
damages and/or clean-up costs which result from the violation.

It is the responsibility of the owner, and his
or her lawful occupant, lessee and person in charge, of any building
or structure which has been defaced with graffiti to completely remove
said graffiti from the building or structure within five days of the
defacement. Failure to remove said graffiti within five days shall
be deemed a violation punishable by a fine of not less than $250 nor
more than $1,000 which must be imposed and a term of imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense, both of which
were committed within a period of five years, a fine not less than
$1,000 nor more than $2,500 must be imposed and a term of imprisonment
for a period not to exceed 15 days may be imposed, or both; and upon
conviction for a third or subsequent offense, all of which were committed
within a period of five years, a fine not less than $2,500 nor more
than $5,000 must be imposed and a term of imprisonment for a period
not to exceed 15 days may be imposed, or both. Each day's continued
violation shall constitute a separate additional violation.

Failure of the owner, or his or her lawful occupant,
lessee or person in charge, of any building or structure to remove
graffiti therefrom within five days after receipt of the written notice
shall be deemed a violation, punishable by a fine of not less than
$500 nor more than $1,000 which must be imposed and a term of imprisonment
for a period not to exceed 15 days may be imposed, or both, for conviction
of a first offense; for conviction of a second offense, both of which
were committed within a period of five years, a fine not less than
$1,000 nor more than $2,500 must be imposed and a term of imprisonment
for a period not to exceed 15 days may be imposed, or both; and upon
conviction for a third or subsequent offense, all of which were committed
within a period of five years, a fine not less than $2,500 nor more
than $5,000 must be imposed and a term of imprisonment for a period
not to exceed 15 days may be imposed, or both. Each day's continued
violation shall constitute a separate additional violation.

Notice required by §§ 136-8 and 136-9 shall be served by posting said notice in a conspicuous place at the premises, personally to the owner, lessee or occupant of the premises, or certified mail to the address of the owner of the premises on file with the Assessor.

In addition to the penalties contained in this
article, the Town Department of Public Works, after notices have been
sent pursuant to the provisions of this article, may enter upon the
property to remove the graffiti. The cost of the removal of the graffiti
shall be certified by the Commissioner of the Department of Public
Works to the Assessor, who shall assess the cost thereof to the property
as a lien and collect it as provided by law.